Bill Text - HB605 (2021)

Relative to the therapeutic cannabis program.


Revision: July 6, 2021, 1:56 p.m.

July 1, 2021

2021-2052-EBA

05/10

 

Enrolled Bill Amendment to HB 605-FN

 

The Committee on Enrolled Bills to which was referred HB 605-FN

 

 

AN ACT relative to the therapeutic cannabis program.

 

 

Having considered the same, report the same with the following amendment, and the recommendation that the bill as amended ought to pass.

 

FOR THE COMMITTEE

 

 

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Explanation to Enrolled Bill Amendment to HB 605-FN

 

This enrolled bill amendment renumbers  RSA provisions to incorporate changes made by 2021, 46:2 (HB 89-FN) and 2021, 47:3 (HB 163-FN). The enrolled bill amendment also inserts contingencies to incorporate changes made by SB 38 and SB 162-FN of the 2021 general legislative session if they become law.

 

 

Enrolled Bill Amendment to HB 605-FN

 

Amend section 1 of the bill by replacing lines 1-3 with the following:

 

1  New Subparagraph; Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, IX(b) by inserting after subparagraph (5) the following new subparagraph:

(6)  Opioid use disorder, with the following restrictions:

 

Amend section 6 of the bill by replacing lines 1-3 with the following:

 

6  New Paragraph; Use of Cannabis for Therapeutic Purposes; Departmental Rules.  Amend RSA 126-X:6 by inserting after paragraph VI the following new paragraph:

VII.  The department shall adopt rules, pursuant to RSA 541-A, regarding an alternative

 

Amend the bill by replacing all after section 8 with the following:

 

9  Public Health; Use of Cannabis for Therapeutic Purposes; Definitions; Alternative Treatment Center.  Amend RSA 126-X:1, I to read as follows:

I.  "Alternative treatment center" means a domestic business corporation organized under RSA 293-A, a domestic limited liability company organized under RSA 304-C, or a not-for-profit  voluntary corporation organized under RSA 292 that is registered under RSA 126-X:7 and that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, [and] designated caregivers, other alternative treatment centers, and visiting qualifying patients.

10  Contingency.  If SB 38 of the 2021 general legislative section becomes law, section 9 of this act shall take effect 60 days after its passage and section 2 of this act shall not take effect.  If SB 38 does not become law, section 2 of this act shall take effect 60 days after its passage and section 9 of this act shall not take effect.

11  Use of Cannabis for Therapeutic Purposes; Protections.  Amend RSA 126-X:2, IX(c) to read as follows:

(c)  Deliver, transfer, supply, sell, or dispense cannabis and related supplies and educational materials to qualifying patients, to designated caregivers on behalf of the qualifying patients, to visiting qualifying patients, or to other alternative treatment centers.

12  Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers.  Amend RSA 126-X:8, XV(b) to read as follows:

(b)  An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:

(1)  A qualifying patient; or

(2)  Such patient's designated caregiver; or

(3)  Another alternative treatment center; or

(4)  A visiting qualifying patient.

13  Contingency.  If SB 162-FN of the 2021 general legislative session becomes law, sections 11 and 12 of this act shall take effect at 12:01 a.m on the effective date of SB 162-FN and section 7 and 8 of this act shall not take effect.  If SB 162-FN does not become law, section 7  and 8 of this act shall take effect 60 days after its passage and section 11 and 12 of this act shall not take effect.

14  Effective Date.

I.  Sections 2 and 9 of this act shall take effect as provided in section 10 of this act.

II.  Section 7, 8 and 11, 12 of this act shall take effect as provided in section 13 of this act.

III.  The remainder of this act shall take effect 60 days after its passage.